Introduction:

The 21th Century is a century of knowledge, even a century of the mind. Innovation is the key to the production and processing of knowledge. It is the country’s ability to convert knowledge into wealth and social good turn by the innovation process and its future to be determined. Several studies have demonstrated the growing importance of knowledge and traditional knowledge in sustainable development

India. had heard said 20 years ago no one

before the term “traditional knowledge”. Now the term “traditional knowledge” ubiquitous. He is wanted by governments, universities studied recognized around the world in assessing the environmental impact, and sponsored by international protocols on environmental protection and development of the Third World. It is the backbone of the cultural heritage. Traditional knowledge refers to knowledge of indigenous peoples in one or more companies and not one or more forms, including but not limited to art, dance and music, drugs and medicines possessed traditional folk culture, biodiversity, knowledge and protection of plant varieties , crafts, drawings, literature, etc. There is no universal definition of traditional knowledge, however, scholars generally define, is that knowledge developed by indigenous or tradition-based intellectual activity

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TK

“Traditional knowledge is information that people have in a community to experience and adapt to local culture and environment, over time, developed and continues to grow.”

This knowledge is used to support the community and their culture and maintenance of genetic resources for the survival of the community. In other words, say you know that

“Traditional knowledge is the body of knowledge by a group of people through the generations left in close contact with nature built and includes a classification system, a set of empirical observations about the local environment and a management system itself. It regulates the use of funds. “

human communities have always generated, refined and transmitted knowledge from generation to generation. This “knowledge” is often an important part of their cultural identity. TK has played and still plays a major role in the daily lives of most people. It is very important for food security and health of millions of people in the Third World. Indigenous peoples often argue that their knowledge was kidnapped by the MNC. TK generally includes two types of knowledge. (I) a medicinal plant knowledge, or (ii) Folklore / TCES. This knowledge is used to support the community and their culture and maintenance of genetic resources for the survival of the community. Farming systems and knowledge of indigenous people and their institutions offer useful frameworks, ideas, policies, procedures and practices that can more effectively as a basis for endogenous development options are used to social resistance, economic and ecological recovery across the country. It is therefore important that traditional knowledge in developing countries, not by the dominance of the cultures foster inequality and materialism are overshadowed.

TK is a pluralistic approach to the conservation and management of natural resources. It is very dynamic and new discoveries are continually being added. In the recent past there have been several cases of biopiracy of traditional knowledge of India as neem, turmeric, basmati rice, bitter gourd, egg plant, Ayahuasca, Hoodia cactus, was periwinkle Madagascar, Kani tribe of the drug jeevni etc. . At present, India is struggling with the last case of Ashwangandha. are even 90% of world population from biological under-developed countries such as Asia and Africa. But among 97% of world patents (worldwide) by multinational companies. Multinational companies are trying to kill our own knowledge-old. In this context, questions of production, utilization, protection and exploitation of intellectual property (IP) has become of paramount importance in the world.

The importance of intellectual property rights is well understood in the Indian economy. Wars of tomorrow will be by conventional weapons, weapons, rockets, and tackled so on, but in the knowledge markets with new thermonuclear weapons called information and knowledge. War on patent rights, which took between Eastman Kodak and Polaroid has been settled for about one billion U.S. dollars recently. So those wars in the knowledge market is expensive. When India plays new role in a globalized world and changes its IP laws, it must prepare to fight the wars in India and abroad.

The issue of protection of traditional knowledge in a variety of international fora including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), Food and discussed Agriculture Organization (FAO), the International Labour Organisation (ILO) , International Covenant on Economic, Social and Cultural Rights (ICESCR), the Universal Declaration of Human Rights (UDHR), etc. Trade-Related Aspects of Intellectual Intellectual Property Rights (TRIPS) on the use of biodiversity by privatizing biodiversity in life forms and knowledge to assist expression.

The exponential growth of scientific knowledge, increasing demand for new forms of intellectual property protection and access to information on the IP, the growing dominance of the new knowledge economy in brick and mortar “of the Old Economy, the complexity of intellectual property rights in traditional knowledge, community knowledge and animated objects, a challenge in creating a new program of the 21st century IP. Intellectual property is no longer as a separate domain, or autonomous, but as an important and effective instruments for a wide range of socio-economic concerns, technological and political. The development of skills and competencies to manage human intellectual property and its influence will need increasing attention, particularly in countries such as

India.

economic outlook

The Western world and seen how IP-build its economy. We beginners were late, but we need to catch up quickly. It was the CSIR (Council of Scientific and Industrial Research), the has ensured the way for the nation ten years ago, CSIR, that five of six U.S. patents per year. In 2003 he received 196 patents in the United States in one year! CSIR has consistently among the top three in the list of the fifty best PCT (Patent Corporation Treaty) was stressed Reporter of the World Intellectual Property Organization (WIPO) for developing countries and has a 30% to 40% of U.S. patents, the Indians in India.

maintained needs the knowledge-based economy to move aggressively and increase its share of intellectual property. In particular, we, the pharmaceutical and biotechnology industries, among others, many challenges in the new IPR regime face. The IT industry is maintained has an impressive growth of software exports, and we dream of an IT superpower. To this end, we are the amount of body shopping and move on innovative products, IP protection need. The Indian IT industry has not yet taken into account in their strategic plans made, but must pay more attention to this to pay issue.

prospective legal

Although the Intellectual property includes various aspects such as copyright, trademarks, designs, which include the patent issue, that the greatest attention.’s why we need good laws on patents in India. The first patent law in India was adopted in 1856. adopted in the early 20th century, in 1911, the Indian Patents and Designs Act were. The need for a comprehensive law to ensure that patent rights, to the detriment of the consumer or has worked to the detriment of trade or industrial development of the country felt in 1948. was introduced after several attempts, a bill in Parliament to the collection of laws such as the Patent Act of 1970. We already have several changes in our actions made of intellectual property over the years. The nation has always been a robust IP act to require innovation, growth and development easier.

Before the protection of intellectual property rights, we need to create IP that is worth protecting. We need the publication of R & D encouraging, in scientific journals after careful consideration bearing on the rights of intellectual property. It is difficult to estimate the loss of Indian intellectual property by the accidental release of usable knowledge in recent decades. There is a need for a new show for the in the system of court response to changing developments in the field of intellectual property. In our country, causing the delay would be in the courts of great frustration of the patent holder, and as such it desirable, members of the judiciary subject, decisions and guidelines learned.

There are areas of particular interest to India, and that its rich tradition includes knowledge base, particularly its strength in traditional medicine. In fact, traditional medicine (TM) play a crucial role in health care and health needs of the vast majority of people in developing countries, including India. The protection under intellectual property rights (IPR) can cover some aspects of TM. There were many proposals for sui generis to develop security systems. The proposals are based on logic-based unless innovators compensation by intellectual property rights should traditional knowledge holders will be treated similarly.

The codification of the CD is very different. A distinction is being made, particularly in India, not between the codified systems of “medicine” and codified know drugs are including the “folk music”. “tribal” or “indigenous” medicine in India, folk traditions orally from generation to generation. Medicine “People” is based on traditional beliefs, norms and practices on the experience of a century old trial and error, successes and failures based on the household level. These are passed on through oral tradition and can be seen as “the culture of the health of man”, home remedies or folk medicine. may have the human TM. In some cases, for example, use healing rituals as part of their traditional healing methods that often allow them to monopolize their knowledge, use, despite the release of secondary plant substances or techniques. codified tradition consists of medical knowledge with sophisticated foundations in thousands of manuscripts, all branches of medicine. Some examples are Ayurveda, Siddha, Unani and the Tibetan tradition.

The granting of patents on non-original innovations (particularly in relation to traditional medicine), on due to the already part of traditional knowledge in developing countries, were a cause of great importance to developing countries. It was CSIR , the U.S. Patent 5,401,5041, which provided for the healing properties of turmeric was challenged in a landmark ruling, the U.S. Patent Office the patent in 1997 revoked once they are satisfied that there is no novelty;.. Results of innovators that I been known in India for centuries, it was a milestone in the sense that It was the first patent data on traditional knowledge has been called into question.

This case of another case of withdrawal in May 2000 followed. The patent granted to WR Grace Company and U.S. Department of Agriculture on Neem (EPO patent no. 436 257) by the European Patent Office was canceled because its use is known in India. Then followed another case, India has a request for reconsideration of the patent on Basmati rice lines and grains (U.S. Patent No. 5,663,484) by the USPTO filed and RiceTec Company of Texas has decided put revocation of the specific needs of India in question and also some additional requirements.

The patents related to indigenous knowledge in developing countries must be addressed jointly by developed and developing countries. A recent study reviewed by an expert group randomly Indian 762 U.S. patents that were granted under A61K35/78 and other IPC classes maintained directly with medicinal plants according to their text that you selected is full. Among these patents, 374 patents on TK have been were not all of them wrong. The governments of the Third World, as well as members of the public are concerned, rightly on the issue of patents for inventions in the non-original traditional knowledge in developing countries. International there is to resist substantial support for the patenting of inventions are not original.

To solve this problem, the government measures that India has also taken a digital library of traditional knowledge (BNST) on medicinal plants and traditional systems, which will also help to create Resource Classification TK (TKRC). link to this internationally recognized International Patent Classification (IPC) has resulted in the construction of a bridge between the knowledge in an old Sanskrit Shloka and the computer screen, the patent examiner in Washington contained information. This will hopefully eliminate the problem of counterfeit patents since the examiner will be aware of Indian rights to that knowledge

Conclusion and recommendations.

When India begins the journey into the 21st century a century of knowledge, not his policies only on the generation of new knowledge but also the protection and improvement is a key role to play. Our strategy must be around the provision of IP protection in the course of our efforts in education, science and technology, legal and judicial system, trade and economy develop. Only then India can rapidly into a leading position among the international community.

Apart from the new law, we must be ready file for new challenges in various areas related to intellectual property face. This ability to read and use of patents the most critical in the coming years. We need to protect our inventions and to understand the impact of patents and that of our competitors could. Many of the patents written by our experts are easily circumvented. personnel plan for the protection of intellectual property must be a priority. intellectual property must be included in a compulsory subject in law courses at our universities. Graduates of has engineering flows and technology no idea of IPR, and yet it is these young people to fight the war against these emerging markets have knowledge.

A series must be determined. China has training institutes patent already several training institutes and patents we have not implemented! sound management of patent information, it is well-structured information by centers, librarians and information specialists, collectors, users of information, Experts and specialists in information technology IPR function.


Evaluation of IP